Summary
Respondent No. 2 working in "Mount Stuart Estate" belonging to the appellant was allowed leave of absence on maternity leave. After her delivery, the appellant paid her on account of maternity benefit an amount equivalent to what she would have earned on the basis of her average daily wages in 72 working days falling within 12 weeks of the maternity period excluding 12 Sundays being wageless holidays which fell during the period of the respondent's actual absence immediately preceding and including the day of her delivery and the 6 weeks immediately following that day. The claim for the benefit of the entire period of 12 weeks, that is, for 84 days on the plea that a week consisted of 7 days having been refused, the respondent moved the Labour Court, Coimbatore, which by its order dated February 26, 1969, allowed the said claim. The appellant moved the High Court tinder Art. 226 of the Constitution challenging the decision of the Labour Court. The single Judge of the High Court allowed the petition holding that 12 weeks for which maternity benefit is provided for in sub- section (3) of s. 5 of the Act must be taken to mean 12 weeks of work and the computation of the benefit had to be made with reference to the actual days on which the woman would have worked but for her inability. Aggrieved by this decision. the respondent filed an appeal under cl. 15 of the Letters Patent and the Division Bench set aside the orders of the single Judge.
Dismissing the appeal by special leave, the Court,HELD : (1) In interpreting provisions of beneficial pieces of legislation which is intended to achieve the object of doing social justice to woman workers employed in the plantations and which squarely fall within the purview of Article 42 of the Constitution, the beneficent rule of construction which would enable the woman worker not only to subsist but also to make up her dissipated' energy. nurse her child, preserve her efficiency as a worker and maintain the level of her previous efficiency and output has to be adopted by the Court.[708 H, 709 A-B](2)The provisions of s. 5 of the Maternity Benefits Act make it clear that a woman worker who expects a child is entitled to maternity benefit for a maximum period of 12 weeks which is split up into two periods viz., prenatal and post-natal. The first one is the prenatal or ante-natal period is limited to the period of woman's actual absence extending upto 6 weeks immediately preceding and including the day on which her delivery occurs and the second one which is post-natal compulsory period consists of 6 weeks immediately following the day of delivery. The Act does not contain any definition of the word "week". It has to be understood in its ordinary dictionary meaning. In the context of sub-s. (1)and (3) of s. 5 of the Act, the term has to be taken to signify a cycle of 7 days including Sundays. By using the words, namely, "for the period of her actual absence immediately preceding and including the day of her delivery and for the 6 weeks immediately following that day's the Legislature intended that computation of maternity benefit is to be made for the entire Period of the woman worker's actual absence, that is, for all the days including Sundays which may be wageless holidays failing within that 702period and not only for intermittent period of 6 days thereby excluding Sundays failing within that period. The word "period" occurring in s. 5(1) of the Act emphasises the continuous running of time and recurrence of 7 days. It is also conformity with Paragraphs 1 and 2 of Article 4 of Convention No. 103 concerning Maternity Protection Convention (Revised) 1952 adopted by the General Conference of the International Labour Organisation. [707 D-E, 908 A,E-F, H, 709 B-C](3)Computation of maternity benefit is to be made for all the days including Sundays and rest days which may be wageless holidays comprised in the actual period of absence of the woman extending upto 6 weeks preceding and including the day of delivery as also for all the days falling within the 6 weeks immediately following the day of delivery thereby ensuring that the woman workers get for the said period not only the amount equal to hundred per cent of the wages which who was previously earning in terms of s. 3(n) of the Act but also the benefit of the wages for all the Sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and her employer. [709 D-F]Malayalam Plantations Ltd. Cochin v. Inspector of Plantations Mundakayam & Ors. [1975] Lab. 1. C. 848--A.I.R.1975 Kerala 86, over-ruled.See the full content of this document
Extract
B. Shah VS. Presiding Officer, Labour Court, Coimbatore & Ors.
PETITIONER: B. SHAH Vs.RESPONDENT: PRESIDING OFFICER, LABOUR COURT, COIMBATORE & ORS.DATE OF JUDGMENT12/10/1977BENCH: SINGH, JASWANTBENCH: SINGH, JASWANTKRISHNAIYER, V.R.CITATION: 1978 AIR 12 1978 SCR (1) 701 1977 SCC (4) 334ACT: Interpretation of social security legislation for women-Duty of the court.Right to payment of maternity benefits-Connotation of the term "week" in sub. ss. (1) and (3) of s. 5 read with ss. 2 (1), 3 (n) and 4 of the Maternity Benefits Act (Act LIII of 1961). Whether computation of the maternity benefits prescribed by the Act has to be made taking a week as signifying a cycle of seven days including a Sunday or a cycle of seven days minus a Sunday which is a wageless day- Paragraphs 1 and 2 of Art. 4 of Convention 103 of Maternity Protection Convention (Revised) 1952 adopted by the General Conference of the International Labour Organisation.JUDGMENT: CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1649 of 1975.Appeal by Special Leave from the Judgment and Order dated 24-4-1974 of the Madras High Court in Writ Appeal No. 165 of 1972.G.B. Bai, P. K. Kurian, D. N. Mishra and K. J. John for the Appellant....
See the full content of this document